» Attorney with Briskman Briskman & Greenberg Remarks on Insurer’s Suit to Avoid Defense in $25 Million Worker Death Case

Attorney with Briskman Briskman & Greenberg Remarks on Insurer’s Suit to Avoid Defense in $25 Million Worker Death Case

Chicago, IL (Law Firm Newswire) February 17, 2014 – An insurance company is suing to avoid defending a worker death lawsuit.

The dispute arises from a wrongful death lawsuit filed by the family of a construction worker who was buried alive in a workplace accident. State National Insurance Company argues that it has no obligation to defend US-Sino Investment Incorporated, the construction company named as a defendant.

State National has filed a complaint in federal court, claiming that it owes no duty of indemnification to US-Sino or the owner, Richard Xin Liu. The 2012 accident killed Raul Zapata Mercado and led regulators to issue a suspension of the company’s contractor’s license.

“Far too many workers are injured or killed on the job all across the country,” observed Robert Briskman, a Chicago work injury attorney. “In the case of a tragic death such as this one, a wrongful death lawsuit may be appropriate to bring some compensation to the family of the victim.”

In January 2012, a 12-foot-deep trench collapsed on Mercado at a Milpitas, California construction site after a three-week period of heavy rain. Mercado’s family filed a wrongful death lawsuit against the company a year later, demanding $25 million, including an award of punitive damages.

In the current case, the insurer has pointed to several exclusions that deny coverage for injury claims by contractors or employees in its commercial liability policy with US-Sino.

Another lawsuit has been brought against US-Sino by the owner of the home where the accident took place, claiming that the company failed to resume work after the accident.

State National argues that its policy excludes coverage for both suits. In addition to the exclusion regarding employee actions, the insurer cited other similar clauses, including one for punitive damages.

The insurer also claims that the policy excludes claims arising from “subsidence,” which includes events such as earthquakes, landslides and other earth movements.

The lawsuit seeks court orders to establish that the two lawsuits do not give rise to an indemnity obligation from State National. The insurer is also seeking reimbursement for costs already incurred while defending the construction company in the litigation.

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
Facebook: Like Us!
Google Places: Contact a Chicago personal injury lawyer from Briskman Briskman & Greenberg on Google Places!

  • Eleven million dollar birth injury lawsuit over Topamax stands
    In a recent birth injury lawsuit, a jury award of $11 million will stand after a judge denied a defendant’s motion for a new trial. The jury made the award in November 2013 in a lawsuit over birth injuries suffered by a child whose mother, Haley Powell, used the antiepileptic drug Topamax during pregnancy. The [...]
  • Birth Injuries: Three Common Causes
    Injuries sustained during birth can cause a child to suffer from serious medical conditions that will alter life for both the child and parents. Even more devastating is the fact that many birth injuries are preventable. Many result from the negligence of medical personnel (otherwise known as medical malpractice). Three of the most common causes [...]
  • IWCC rules a close call insufficient for a mental disability claim
    The Illinois Workers’ Compensation Commission recently ruled against a train operator who claimed a mental disability based on the trauma of believing that the train he was operating had struck and killed a pedestrian. The worker was operating a train exiting a tunnel when he observed two young men running across the tracks. The operator [...]
  • Doctors who lose licenses still collect from Medicare
    Several doctors who have committed medical malpractice and other offenses to such a degree that they lost their state licenses to practice medicine have been able to practice medicine in other states and to continue billing Medicare for their services. A Bloomberg News investigation found seven doctors who billed Medicare for a total of $6.5 [...]
  • Illinois Appellate Court Rules on Disability of Paramedic Trainee
    The Illinois Appellate Court has issued a judgment ruling that affirms part of and reverses part of a trial court’s decision regarding a workers’ compensation claims. The worker in question had been training with the city of Chicago to become a paramedic. Joseph Locasto was employed by the city of Chicago as a trainee at [...]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required